Legal Opinion

Booten v. Bank of the Empire State

Supreme Court of Georgia

Decided March 15, 1881PublishedCited by 4 opinions

Appeals. Principal and Agent. Principal and Surety. Before Judge Brown. Floyd' Superior Court. March Adjourned Term, 1881. The Bank of the Empire State, for use, sued Booten et al. in a county court, and recovered a verdict against them. Sheibley, as agent for the defendants, entered an appeal. He had the written authority of Booten to do so, but lost it within a few days after its receipt, and before filing.

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Appeals. Principal and Agent. Principal and Surety. Before Judge Brown. Floyd' Superior Court. March Adjourned Term, 1881. The Bank of the Empire State, for use, sued Booten et al. in a county court, and recovered a verdict against them. Sheibley, as agent for the defendants, entered an appeal. He had the written authority of Booten to do so, but lost it within a few days after its receipt, and before filing. At a subsequent term of court, and before trial, Sheibley filed in the clerk’s office a written ratification by Booten of his action in entering the appeal. Between the time of entering…

1Opinion of the Court

Jackson, Chief Justice.

1. We think upon the case made in this record that the court erred in dismissing the appeal. The motion to dismiss is grounded on two positions: first, that no authority was given to the agent to enter the appeal; and secondly, that the surety had failed and become bankrupt and in-, solvent.

There seems to be no doubt that the appeal bond was made in due time and executed by Sheibley, as agent for the principal debtor, and that he also signed it as surety. He swears that he had written authority from his principal, and was managing the case in his absence for him. That…

2Cases cited2 opinions

  1. Kimbrough v. PittsSupreme Court of Georgia · 1879
  2. Burkhalter v. BullockSupreme Court of Georgia · 1855

3Cited by4 opinions

  1. Jackson v. HaislySupreme Court of Florida · 1891
  2. Knight & Knight v. TowlesSupreme Court of Florida · 1893
  3. State Highway Department v. HesterCourt of Appeals of Georgia · 1965
  4. State Highway Department v. SumnerCourt of Appeals of Georgia · 1960

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